City of Little Rock v. Jeuryens
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Under the decision in 68 Ark. 39-63, the title to all land north of the Statehouse square is in the city of Little Bock. Fed. Cases No. 12153, Hempstead, 704; 13 Wall. 92. 2. Neither the .statute of limitation nor laches can be pleaded against the city. The possession was not adverse.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. Under the decision in 68 Ark. 39-63, the title to all land north of the Statehouse square is in the city of Little Bock. Fed. Cases No. 12153, Hempstead, 704; 13 Wall. 92. 2. Neither the .statute of limitation nor laches can be pleaded against the city. The possession was not adverse. Kirby’s Digest, § 5648; 88 Ark. 533; 2 C. J., § 547, p. 249; 72 Ark. 498; 42 Id. 118; 78 Id. 71; 2 C. J. 264; 1 R. C. L. 730; 14 How. 377. Neither the State nor Jeuryens has title by adverse possession. The city is not estopped. 42 Ark. 118.…
1Opinion of the CourtSmith, J.
In 1893 Charles H. Jeuryens took possession of the land which forms the subject-matter of this litigation. The nature and extent of the land so occupied is highly important for reasons which are stated later. Prom descriptions furnished by Jeuryens a drawing of the land as it existed when he entered upon it was prepared and filed as an exhibit to his deposition. This land is separated from the old State Capitol 'square by Water street in the city of Little Rock, or, more properly speaking, as we think the testimony shows, it was a portion of Water street, which street lies between the old…
2Cases cited7 opinions
- Donnelly v. United StatesSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1890
- City of Fort Smith v. McKibbinSupreme Court of Arkansas · 1883
- Helena v. HornorSupreme Court of Arkansas · 1893
- State v. BaxterSupreme Court of Arkansas · 1887
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3Cited by8 opinions
- Van Wagoner v. WhitmoreUtah Supreme Court · 1921
- City of Poplar Bluff v. KnoxMissouri Court of Appeals · 1966
- Hayes v. StateSupreme Court of Arkansas · 1973
- Lester v. WalkerSupreme Court of Arkansas · 1928
- Osceola v. HaynieSupreme Court of Arkansas · 1921
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